The Sovereign Event in a Nation's Law

Motha, Stewart (2002) The Sovereign Event in a Nation's Law. Law and Critique, 13 (3). pp. 311-338. ISSN 0957-8536. (The full text of this publication is not available from this repository)

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Abstract

This article interrogates the relationship between the sovereign event and a legal decision that purports to place sovereignty beyond law. It argues that sovereignty cannot be regarded as unitary, and elaborates the process of iterability by which the sovereign event is split from the outset. This dynamic is examined through an interrogation of the non-justiciability of sovereignty in Mabo v. Queensland (No. 2)(1992). Along with the unitary conception of sovereignty, Mabo (No. 2) deployed an absolute measure for community in the form of the ‘skeletal principle’ of the doctrine of tenure. The paper argues that a conception of the political that affirms the One sovereign source of community and law instead of the original dis-position of law, nation and community repeats the original violence, and will, at best, run aground on the righteous (mis)recognition of the ‘appropriate savage’. It concludes with an indicative rethinking of community through the thought of Jean-Luc Nancy.

Item Type: Article
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Katrin Steinack
Date Deposited: 19 Dec 2007 18:04
Last Modified: 14 Jan 2010 13:57
Resource URI: http://kar.kent.ac.uk/id/eprint/221 (The current URI for this page, for reference purposes)
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